TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida Authorizing Settlement of a Forfeiture Action in Sarasota County Circuit Court Case No. 2020-CA-4734, Regarding Seizure of 1867 Clarinet Avenue, North Port, Florida; Accepting Ownership of Real Property Located at 1867 Clarinet Avenue, North Port, Florida, and Described as Lots 11 and 16, Block 1644, 33rd Addition to Port Charlotte Subdivision, Sarasota County Property Appraiser Parcel Identification Number 1137164411; Authorizing Sale of the Property; Incorporating Recitals; Providing for Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Adopt Resolution No. 2021-R-55
Background Information
Pursuant to the Florida Contraband Forfeiture Act, Florida Statutes Section 932.701 - 932.7062, the City filed a Complaint for Forfeiture on December 4, 2020 in Sarasota County Circuit Court Case No. 2020-CA-4734 (“Complaint”). The Complaint alleges that the real property located at 1867 Clarinet Avenue (the “Property”) was used in violation of the Florida Contraband Forfeiture Act by being used as a marijuana grow house. The property owner is willing to settle the litigation and has executed the attached settlement agreement.
The Sarasota County Property Appraiser assessed the Property at $275,500.00 for 2021, and a mortgage lien of approximately $56,500.00. The proposed settlement would transfer ownership of the Property to the City, subject to the mortgage lien. As required by the Florida Contraband Forfeiture Act, the City would have to sell the Property in a commercially reasonable manner after appraisal by listing the Property on the market and pay off all liens. Proceeds remaining after sale of the Property and lien payoffs will be deposited into the City’s forfeiture fund.
Ordinance No. 2015-43, Section 3 provides that all claims made by the City in an amount exceeding $100,000 will be presented to the City Commission for discussion and authorization to settle.
Strategic Plan
Health & Public Safety
Financial Impact
If this resolution is approved, the City will receive an unspecified amount of settlement funds upon the sale of the Property. The settlement funds will be deposited into the City’s forfeiture fund pursuant to the Florida Contraband Forfeiture Act.
Procurement
n/a
Attachments:
1. Resolution No. 2021-R-55
2. Mortgage Lien
3. Property Appraiser’s Property Page
Prepared by: Michael Golen, Assistant City Attorney
Department Director: Amber L. Slayton, City Attorney